22.5.2023

EN

Official Journal of the European Union

C 179/72

(Case T-177/23)

(2023/C 179/100)

Language in which the application was lodged: English

Parties

Applicant: Nathalie Lacroix (Barcelona, Spain) (represented by: E. Sugrañes Coca and C. Sotomayor Garcia, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Xingyu Safety Tech Co. Ltd (Gaomi, China)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative trade mark ADAMAS — Application for registration No 18 387 424

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 25 January 2023 in Case R 2004/2022-2

Form of order sought

The applicant claims that the Court should:

—order to alter the contested decision by stating that the EUTM application No 18 387 424 ADAMAS must be granted for ‘sportswear; shoes’ in class 25 due to the lack of likelihood of confusion between the trademarks under comparison, after giving due consideration of the relevant circumstances of the case;

—order EUIPO to pay the costs;

alternatively, should the Court refuse the first form of order, the applicant claims that Court should:

—raise a decision ordering the annulment of the contested decision to the extent that the application No 18 387 424 is refused protection of class 25 goods;

—order EUIPO to pay the costs.

Plea in law

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.